Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-16

He Defends His Course ~ COmmis.
siOner and Tenderm His Reclamation.


stOner and Tenders His Resig alton.
C0nm1ssioner Sparks, OF the General Land ONCE
oas forwarded his resignation to the President,
and IN connection Herewith he made reply to the
recent letter OF secretary Lamar, demanding his
resignation In this communication the Commits
sioner explains his course in the matters CON-
plained of by Secretary Lamar. He says that in
pursuance OF law vesting the Commissioner with
such authority, he. previous to last September,
made adjustments OF certain railroad land grants
Two OF which, known as the omaha cases, he had
been specially directed by the Secretary
to report. On the 7th OF October the Secretary
non-concurred In the Commissioners adjustment,
ana overruled the authority on which they were
based He also directed that the grants be ad-
cision. The point at issue related to the claim OF
railroad companies to idemnity for lands that
unoer rallroad-granting acts were reserved from
statutes. MIR. Sparks states that previous to
$50 IN pursuance OF a practice OF giving
railroad TandG companies whatever they asked for"
government for Indian and other purposes
ana which were excluded from grants,
nad oeen patented or certified to railroad com
pahles, both as granted lands and as Indemnity
prOmlscuously with other lands but in that year
QSI9) the title TO a large quantity OF such lands
In Kansas, which had been conveyed TO the
was decreed invalid by the United States Supreme
Court, and since that time lands that were re-
u
location Of the roads have been regarded and
treated In the land office as excluded, not only
from grants but from the indemnity basis under
an grants wherein such reserved lands are by the
terms or the law excluded from the operation OF
the acts. In the Omaha cases, continues Mr. Sparks
the secretary held that the company was entitled
TO indemnity for such lands This decision, II ad-
hered 10, the Land Commissioner maintains, Will
have the effect to take from the people many MIL
s Uni oI wnn acfeS OF Land within
In the GuilfOrd-Miller case, have been proclaimed
as restored to the public domain. The Commits
rectness OF the Secretary's decisions as OF mo
Eentous concern, as, II they were correct the
lands involved belonged to the railroads; II not
Sparks refers to the supreme court deci-
si0ns upon which the Secretary based his
decisions, and holds that they do not
i0undly convinced that the secretary had been
committed to errors OF law, which, II brought fully
10 MS personal attention, might be corrected" As
II Is the practice OF the Department to permit rep
reSentatlves OF railroad companies and other pri-
vate interests to apply for reviews and reconaid-
erations OF decisions when questions are decided
against such interests, he [Mr. Sparks) thought
that, as an officer OF the Government having I'm
mediate guardianship OF public lands, had at least
equal right with railroad lawyers and Others to
ask the Secretary to re-examine a departmental
decisl0n and he believed he had right TO express
his views in the cases. He waited upon the
secretary and personally requested review OF the
cases. The Secretary suggested that the matter
De permitted TO rest for awhile. On the 10th inst,
the commissioner says, he received a note from
the secretary desiring him to present what he had
10 say, and on the next day the commissioners
views, In writing, were presented TO the head OF
tne department. The Commissioner maintains
that the communication OF the Secretary, declar-
Ing that either the Commissioner or Secretary
must retire, Is no answer 10 the request for re-
view OF the case; that the issue raised
by him (Mr. Sparks) was strictly legal One
while the published letter OF the Secretary creates
The erroneous impression that the issue was one
OF authority alone" and that he had refused to
ecute the SecretaryS orders. He declares that the
diversion OF the issue from OF legal cOnStruc-
t0n 10 one or authority and nSubOrdinatiOn is the
substitution or force IOr argument"
In closing his letter to the President Mr.. Sparks
says: The office OF Commissioner OF the General
Land once has been one Of intense LABOR, impos-
ing constant sense or high responsibility. Hav-
ing sought II at your hands have continued to
hoId IL only out or sense OF duty with view
OF effectlng some good to the public. | have en-
deavored To discharge my full duty in It. in the face
CT many discouragementS and much calumny
and abuse from those whose interests were to
defeat the policies pursued. have believed my
line Of action to be correct, and thought had
reason for the belief that IT met your approval
II these decisions fOreShadow change in Oiriciai
policy on this subject knowing we'll what this
Will mean In practical application, could not, OF
course. with my sense OF duty, be the instrument
garded the commission hold from you as subject
70 your recall, and desiring to relieve you OF any
possible embarrassment, | herewith tender you
my resignation Of the office OF Commissioner Of
the General Land ONCE, and ask its early accept
ance. And In thus severtng my connection with
your administration beg to assure you OF my
earnest wish that the same wisdom, firmneSs, and
integrity which has thus Iar so eminently marked
your administration may continue to enhance
You In the estimation OF your countrymen."